| PROPERTY
|
| 1. | Court dismisses trespass claim in case involving construction of replacement salt brine pipeline.
W&T Offshore, LLC v. Texas Brine Corp., 2018-C-0950 (La. 06/26/19) [29 pp.]
From LSCR Volume 27, Issue 6
In 1979 Texas Brine entered into a lease with the predecessors of W&T Offshore, LLC, to
utilize land in Lafourche Parish (the Brown property) for conduct... view full summary |
| STATE AND LOCAL GOVERNMENT
|
| 2. | Physical Therapy Board's decision was valid despite vacancy on Board.
Kevin Bias v. Louisiana Physical Therapy Board, 2018-C-2042 (La. 06/26/19) [8 pp.]
From LSCR Volume 27, Issue 6
The Louisiana Physical Therapy Board was established under La. R.S. Section 37:2403. The statute
requires that the Board be made up of seven members appointed by the go... view full summary |
| CRIMINAL
|
| 3. | Case remanded for proper analysis of motion to suppress identification.
State v. Will Newsome and Aaron Henderson, 2019-KK-0429 (La. 05/28/19) [4 pp.]
From LSCR Volume 27, Issue 6
Police pursued a car that they believed was involved in an armed robbery. After a high-speed
chase, the car was abandoned, and police found defendants nearby. Officers det... view full summary |
| 4. | Post-conviction claims remanded to district court for complete ruling, including factual findings.
State v. Jack Cuccia, 2018-KP-1726 (La. 05/28/19) [2 pp.]
From LSCR Volume 27, Issue 6
Defendant was convicted of manslaughter in Orleans Parish in 2004. He was adjudicated a
third felony offender and sentenced to 30 years in prison. The Fourth C... view full summary |
| 5. | District court erred in transferring jury selection venue back to original parish.
State v. Grover Cannon, 2019-KD-0838 (La. 06/07/19) [5 pp.]
From LSCR Volume 27, Issue 6
Defendant was charged with the murder of a police officer in Caddo Parish, and the district
court transferred venue to East Baton Rouge Parish for a jury to be... view full summary |
| 6. | Habitual offender sentence for obscenity was unconstitutionally excessive.
State v. Glenn Thompkins, 2018-K-2104 (La. 06/17/19) [8 pp.]
From LSCR Volume 27, Issue 6
As an inmate awaiting trial in another matter, defendant masturbated in front of a female
corrections officer as she conducted a nightly security check. As a re... view full summary |
| 7. | Court clarifies causation requirement in vehicular homicide cases.
State v. David Leger, 2017-K-2084 (La. 06/26/19) [18 pp.]
From LSCR Volume 27, Issue 6
At about 8:30 p.m. on March 13, 2011, Kelsye Hall was driving alone in her green Mercedes
SUV westbound on I-10 in the Prairieville area. Defendant was driving his whit... view full summary |
| 8. | On remand from SCOTUS, first degree murder conviction and death sentence for "Angola Five" inmate affirmed again.
State v. Jeffrey Clark, 2012-KA-0508 (La. 06/26/19) [12 pp.]
From LSCR Volume 27, Issue 6
In December 1999 defendant and fellow inmates at the Louisiana State Penitentiary in
Angola were part of a botched plan to escape. Captain David N. Knapps, who... view full summary |
| 9. | Court reverses grant of new trial on habeas application, rejecting ineffective assistance claim.
State v. Darrell Toubya Thomas, 2017-KP-0649 (La. 06/26/2019) [8 pp.]
From LSCR Volume 27, Issue 6
Traavis and Stephan Harris both unequivocally identified defendant, whom they had known
since childhood, as the person who exited a black SUV and began firing at them o... view full summary |
| 10. | Evidence sufficient to support conviction for methamphetamine possession despite discrepancy in weight of substance.
State v. Brian Michael Hughes, 2018-K-0006 (La. 06/26/19) [4 pp.]
From LSCR Volume 27, Issue 6
Defendant was arrested in the parking lot of Grant Junior High School, and a search incident
to arrest revealed a plastic bag in his pocket containing a subs... view full summary |
| 11. | Court remands for second evidentiary hearing on suppressing contents of cell phone.
State v. Kelly Folse, 2018-KK-1518 (La. 06/26/19) [10 pp.]
From LSCR Volume 27, Issue 6
Defendant, a veterinarian, was alleged to have shot her neighbor's dog in Jefferson Parish. She was charged with aggravated cruelty to animals and illegal use of a weapon. S... view full summary |
| BAR / DISCIPLINARY / ETHICS
|
| 12. | Neither judges nor law clerk entitled to absolute judicial immunity in suit alleging mishandling of documents.
Stanley R. Palowsky, III v. Allyson Campbell, 2018-C-1105 (La. 06/26/19) [28 pp.]
From LSCR Volume 27, Issue 6 Plaintiffs filed suit against a law clerk employed by the Fourth Judicial District Court as well as certain judges of the court. Plainti... view full summary |
| TORTS
|
| 13. | Plaintiff entitled to JNOV in claim against DOTD for ice on bridge.
Sherry Boothe v. Louisiana Department of Transportation and Development, 2018-C-1746 (La. 06/26/19) [15 pp.]
From LSCR Volume 27, Issue 6 In December 2008 it snowed in the Baton Rouge area. The morning after the snowstorm, plaintiff was crossing the Comite River Bridge afte... view full summary |
| CIVIL PROCEDURE
|
| 14. | Court reverses grant of new trial although jurors discussed case prior to deliberations.
Terry Gotch v. Scooby's ASAP Towing LLC, 2019-C-0030 (La. 06/26/19) [15 pp.]
From LSCR Volume 27, Issue 6 Plaintiff was a passenger in a car driven by Alydia Menard when Ms. Menard swerved to avoid a vehicle that Joseph Derousselle was backin... view full summary |